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(영문) 서울중앙지방법원 2014.08.27 2014고단3911
교통사고처리특례법위반등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by imprisonment without prison labor for ten months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a two-wheeled vehicle.

At around 01:40 on March 2, 2014, the Defendant, along with the Gangnam-gu Seoul Metropolitan Government, proceeded five lanes prior to the 213 Marido 213, along with the 4-lane from the both sides of the water basin to the scarcity of gender.

At the time, the passage of vehicles was frequent at night and there was a duty of care to reduce the speed and prevent accidents in advance by properly examining the front left.

Nevertheless, the Defendant, while under the influence of alcohol, neglected it and changed the lanes from the four-lanes to the two-lanes, caused the Defendant to go against the front part of the victim B(the age of 46) driving in the two-lanes of the above road and the following parts of the two-wheeled vehicle.

Ultimately, the Defendant suffered injury to the victim G (n, 25 years of age) who was accompanied by the said two-wheeled vehicle due to the above occupational negligence, such as a spatha, etc. requiring approximately four weeks of medical treatment.

B. Around 01:40 on March 2, 2014, the Defendant was driving a two-wheeled automobile under the influence of alcohol with a blood alcohol concentration of 0.069% from the 3km section of around 3km from the Seocho-gu Seoul Seocho-gu to the roads indicated in the above paragraph (a).

2. Defendant B is a person who is engaged in driving of Fho Lakep taxi.

On March 2, 2014, at around 01:40, the Defendant, as Gangnam-gu Seoul Metropolitan Government, proceeded about five lanes prior to the 213 Marido 213, along with two lanes from the both sides of the water basin, at about 70 km each hour, depending on the gender south.

At the time, it was a night and a road installed with a signal apparatus, so there was a duty of care to observe the signal for a person engaged in driving a motor vehicle, and to prevent an accident in advance by checking well the front left.

Nevertheless, it is not appropriate.

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